BHAGWAN SARAN Vs. VIDYA DEVI

JUDGEMENT

(1.) Heard learned counsel for appellants and gone through the record.

(2.) This first appeal from order has been filed against the Judgment and award dated 16.1.2012 passed in Motor Accident Claim Petition No. 308 of 2010, Km. Vidya Devi v. Sumit Kumar and another, whereby the learned Tribunal has decided the claim in favour of claimant and against the appellant and has awarded a sum off 44,612 as compensation to the claimant alongwith 6% interest from the date of institution till the actual payment is made. The appellants have also challenged the order dated 6.9.2013 passed in R.M. No. 16 of 2012 whereby review application preferred by the appellants against the aforesaid judgment and award has been rejected.

(3.) As per facts of the case, the claimant aged about 16 years while coming back on foot from the Junior High School Sikandarpur Kallu at about 4: 30 p.m. on 14.12.2009 had met with an accident with a Motor-cycle bearing registration No. U.P. SOD/9353 driven by appellant No. 2 who is said to be the son of appellant No. 1 (owner of the vehicle). Due to the said accident, the respondent No. 1 had suffered fracture at two places in her right leg. The occurrence of accident was seen by one Nawal Kishore and Saroj Kumar residents of the village of the claimant. The claim petition was filed by the injured Km. Vidya Devi-respondent No. 1.